Sale of Goods and Supply of Services Act 1980

Implied undertakings as to quality of service.

39

39.—Subject to section 40, in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied—

(a) that the supplier has the necessary skill to render the service,

(b) that he will supply the service with due skill, care and diligence,

(c) that, where materials are used, they will be sound and reasonably fit for the purpose for which they are required, and

(d) that, where goods are supplied under the contract, they will be of merchantable quality within the meaning of section 14 (3) of the Act of 1893 (inserted by section 10 of this Act).

Annotations

Modifications (not altering text):

C18

Application of section restricted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 26(3), commenced on enactment.

Limitation of liability of universal postal service provider.

26.— ...

(3) Section 39 of the Sale of Goods and Supply of Services Act 1980 shall not apply in relation to the provision of a universal postal service by a universal postal service provider until such date as the Minister for Jobs, Enterprise and Innovation, following consultation with the Commission and the Minister, by order so provides, in relation to the universal postal service or to any part or parts of such service specified in the order in such manner and by reference to such matters, including ensuring the protection of the interests of postal service users, as the Minister for Jobs, Enterprise and Innovation, following such consultation, considers appropriate.

...

Editorial Notes:

E9

Previous affecting provision: application of Act restricted (1.01.1984, vesting date) by Postal and Telecommunications Services Act 1983 (24/1983), s. 88(3), effectively commenced by Vesting Day Order S.I. No. 407 of 1983; repealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5/1999), s. 3 and sch. 1, S.I. No. 87 of 1999.

E10

Previous affecting provision: application of Act restricted (1.01.1984, vesting date) by Postal and Telecommunications Services Act 1983 (24/1983), s. 64(3), effectively commenced by Vesting Day Order S.I. No. 407 of 1983; repealed (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 4 and sch. 1 part 1, commenced on enactment.